Mandeep Khroud
Partner
Human Rights & Discretionary Applications
The Immigration Rules cater to variety of circumstances, allowing individuals to come to the UK to visit, work, study, join family and seek refuge.
However, in some cases, there may be no appropriate route under the Immigration Rules to match an individual’s particular circumstances. In such cases, it may be appropriate to submit an application on Human Rights or discretionary grounds, outside of the Immigration Rules, due to the exceptional or compassionate circumstances of the case.
Key requirements and considerations
This area of law is very fluid. The Home Office will consider the particular circumstances of your case and your supporting documents and make a decision on a case-by-case basis. It is therefore crucial to ensure such applications are as comprehensive as possible, all documents are provided and the procedural steps have been fully complied with.
Basis of the application
It is important to clearly communicate the basis of the application to the Home Office – if there is more than one reason, all reasons must be clearly conveyed to the Home Office.
Eligibility criteria
There is no strict eligibility criteria for such applications as they are highly discretionary and dependent on the circumstances of the case. However, in order for the application to be successful the Home Office would have to be satisfied that a refusal would lead to unjustifiably harsh consequences for those involved.
Supporting documentation
Given the fluid and discretionary nature of these applications, submitting appropriate, robust and verifiable supporting documents is crucial to increase the chances of a successful outcome.
Avoiding delays and errors
Incomplete or inaccurate applications can lead to delays or refusals. Adhering to all procedural requirements is essential for a smooth process.
Duration of permission
If the application is approved, the Home Office will grant permission to remain in the UK for a specified period based on the circumstances of the case. Permission can be granted for any duration and in some exceptional cases, the Home Office may grant Indefinite Leave to Remain (i.e., permanent residence).
Speak to our experts
We have the largest private client team in the UK; our team of experts are here to provide discreet legal advice to support you and your family.
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Complete our enquiry form and one of our experts will contact you by the next working day.
Alternatively, you can call us now.
Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).
0370 1500 100
How we can help
Irwin Mitchell’s specialist immigration team is highly experienced in dealing with complex applications outside of the Immigration Rules. Whether you are applying on your own, or with your family, we are available to provide you with advice as to your options and support you with an application to stay in the UK due to compelling or compassionate circumstances.
Making an enquiry
We have several ways you can contact us, either by completing our online contact form, by phone, or using our live chat. If you start your journey online, here are the first steps to working together.
Complete our online formWe need a few details to understand your situation and the kind of support you need.
We’ll contact you by phoneOn the call our experts will ask you a few more questions to make sure we connect you with the right legal advice from our team.
We arrange a full appointmentIf we're able to support you further, the next step is an appointment with one of our specialists so we can discuss everything in more detail.
Our commitment to you
Our experts always start by listening, so we understand what matters most from day one.- 01Clear legal guidance
You will always get straightforward, honest advice, with regular updates to keep you clear on the way forward.
- 02Specialist knowledge
A wide-ranging team of trusted specialists who understand what it takes to protect your future, your family or your business.
- 03Your needs first
Whether you’re navigating complex personal situations or business decisions, we take the time to understand your world and what’s at stake.
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